More and more often, employees indicate during a conversation that they want to record it, or they do so secretly without their employer’s knowledge. Employers, in turn, sometimes also want to record things. Through the Teams app, and therefore in Teams meetings, this is even a very easy option.
The question, however, is whether this is actually allowed?
The starting point is that you are allowed to record a conversation you are part of yourself. Even without telling the person you are talking to. However, you may not simply use it for anything you like. And what if you do this at work?
On 30 September 2024, the Midden-Nederland District Court once again ruled on this. What happened?
An employee was summarily dismissed because she had allegedly repeatedly raised her voice against her supervisor and ignored several clear instructions. During the discussions about this, the employer already suspected that the employee was recording things. The employee, however, had denied this. The employee was summarily dismissed for her behavior toward her supervisor.
When proceedings began, the employee nevertheless submitted audio recordings involving the employer as evidence. The employer then gave her a second – conditional – summary dismissal, for recording the conversation and lying about it.
Look before you leap!
Although the summary dismissals did not hold up, the court nevertheless decided to dissolve the employment contract as of 1 November 2024 on the grounds of a seriously disrupted working relationship. Due to the tensions and lack of trust, the working relationship between the employee and her supervisor could no longer be restored. In addition, the fact that the employee had recorded several conversations without permission had, according to the court, escalated the matter and contributed to the loss of trust!
The lawyers at The Legal Company specialize in employment law. Do you have questions about the above or do you need legal advice? Please contact us at info@thelegalcompany.nl or call 020 345 0152.
